AC21 & W2/Hourly wage

[GCSeekerInd]

Got an RFE on I-485. Not sure yet what it is for.

Is there an issue working as consultant on a W2 basis (i.e at a hourly rate) instead of a permanent job ? Anybody got approved working similarly ?

I don't think there is a problem as long as USCIS does not ask for an employer letter. Is permanent job a must for employer based I-485 approval ? What if they ask for an employer letter when working as a hourly consultant ? Any suggestions on how to reply if they ask for this.

Please share your thoughts on this.

 

[pralay]

Got an RFE on I-485. Not sure yet what it is for.

Is there an issue working as consultant on a W2 basis (i.e at a hourly rate) instead of a permanent job ? Anybody got approved working similarly ?

I don't think there is a problem as long as USCIS does not ask for an employer letter. Is permanent job a must for employer based I-485 approval ? What if they ask for an employer letter when working as a hourly consultant ? Any suggestions on how to reply if they ask for this.

Please share your thoughts on this.

Hourly rate is not an issue, if your employer declares that you will be employed in perm basis (in the position specified in LC + I-140) after GC approval. However, this kind of cases raise eyebrow for adjucators (why the hell employer is not employing in perm basis already if they need this guy) and that can cause delay.

 

[TheRealCanadian]

Is there an issue working as consultant on a W2 basis (i.e at a hourly rate) instead of a permanent job ? Anybody got approved working similarly?

There is nothing wrong with working as an hourly W2 employee. I was at the time of my interview. Most employers are extremely reluctant to describe an "employee" as permanent; what you want is something like "indefinite duration". At the very least, unless USCIS explicitly asks for it, have the EVL say nothing about the length of your employment.

The two things you want to stay away from are a 1099 relationship and the word "temporary" in your EVL.

Is permanent job a must for employer based I-485 approval? What if they ask for an employer letter when working as a hourly consultant?

Yes, you need a "non-temporary" job. See above for strategies.

 

[GCSeekerInd]

The two things you want to stay away from are a 1099 relationship and the word "temporary" in your EVL.

1099 meaning in which you are working on hourly basis and paying taxes (i.e employer paying a flat rate with no deductions for govt. tax).

 

[pralay]

1099 meaning in which you are working on hourly basis and paying taxes (i.e employer paying a flat rate with no deductions for govt. tax).

Not only that, 1099 is not employer-employee relationship at all, but a relationship based on "contract". Basically you are a self-employed. So the question of tax deduction - social sec, medicare etc does not come to picture at all. It's not necessarily has to hourly-basis always. It could be just a payment for a "contracted" job done.
On the other hand, W2 is always employer-employee thing - either temp or perm.